CommonFiasco

Hi Everyone, I came across this site while searching for information on the internet. I and my girlfriend recently got married and I have a couple of questions to ask you guys as regards my immigration procedures and I would be glad if somebody can help me out.
1) What are the required process to start a change of my status? I read about the form I-130 form to request immigration number or something like that.
2) What are the required documents needed to support each of my applications.
2) What does the form do to your status considering the fact that I'm on f1 visa?
3) I'm thinking of skipping school this fall, will applying and not getting a response before school resumes in August count against me?
3) I'm just about a year in the country and i met my girl few months after i got in, will the little time i spent in the country count against me, just 1 year?
3) Do i have to start the process together or one at a time since it's expensive i don't have all that money at once.
Any other important information will be highly appreciated thanks.

meauxna

I moved you to the marriage based group; some searching here will answer most of your questions.

If you are going to file, yes, you need to do it all together. Maybe you can use the money from the school term you're skipping to pay the fees. Count on close to $2K by the time you're done (not including lawyer fees).

PS: it's called Adjustment of Status when you're switching to PR status and there is a great article in the wiki at this site. Blue bar, top of page.

Noorah101

Hi Common, Welcome to BE.

I-130 will be just one of the forms required. In addition, you'll need Forms I-485, G-325A, I-765, I-131, I-864, and a full medical done by a USCIS approved civil surgeon. All the forms can be found at www.uscis.gov, Immigration Forms.

Each form has its own instructions, at the link I listed above. The instructions are very specific as to what backup documentation is required for each form.

Well, once your AOS is filed and received by USCIS, you are considered "pending AOS". Once your AOS is approved, you are considered a Permanent Resident, no longer on an F1 visa.

No.

No.

Yes, you have to file all the forms and pay all the fees together at one time in order to process your AOS. You'll run into snags if you try to file the I-130 first and then the rest. You also must have your medical done and include the sealed envelope in with the AOS package (medical expense is separate).

Best Wishes,
Rene

Bob

but that is something you could save a bit of money on if your lucky by shopping around if you have a choice of civil surgeons on the list, some are cheaper than others.

Just Jenney

Q1) What are the required process to start a change of my status? I read about the form I-130 form to request immigration number or something like that.
A1) See Meauxna's answer in post #2 for link to the Wiki.


Q2) What are the required documents needed to support each of my applications.
A2) This is discussed in the "Adjustment of Status" Wiki. The application forms' instructions also mention what's required. There are also tons and tons of posts on here that discuss AOS as well.


Q3) What does the form do to your status considering the fact that I'm on f1 visa?
A3) As far as I know, you'll continue as an F1 until you adjust status or stop being a full-time student, whichever comes first. However, since the F1 is a non-immigrant visa, if you leave the US and attempt to return on your F1 visa while your AOS is pending (which by its very nature confirms that you have immigration intent), you might encounter problems. Best thing is to stay in the US until your AOS is complete, IMO.


Q4) I'm thinking of skipping school this fall, will applying and not getting a response before school resumes in August count against me?
A4) I'm not totally sure about that. If you have AOS pending, then you're still considered in a sort of legal status until it's adjudicated, even if your F1 visa becomes invalid by your dropping out of school. Not 100% sure about that, though -- maybe someone else will know.


Q5) I'm just about a year in the country and i met my girl few months after i got in, will the little time i spent in the country count against me, just 1 year?
A5) It shouldn't, since you entered the country legally and didn't have immigration intent at the time (you didn't even know her). But since you've already married, it's a bit too late now, don't you think?

Q6) Do i have to start the process together or one at a time since it's expensive i don't have all that money at once.
A6) Yes, you have to do everything at once. Again, read the Wiki for more information, as well as posts and links on the USCIS.gov website. Be aware that not only will you need funds to cover the application fees and costs (like shipping and passport photos, etc), but your wife also needs to be your financial sponsor. To do this, she must make a certain amount of income; if she doesn't, then she'll need to find someone (parent, relative, etc) who does meet the income requirements and is willing to co-sponsor you.

I work in an international education office at a university, and my biggest complaint about students (international or otherwise) is that they never read anything -- even though all the resources are there for them. Or they think "glancing at something for 11 seconds" is the same thing as "reading thoroughly from start to finish." (I'm not saying that you're like that, but just in case you are... ) Immigration can be confusing and complicated, and the importance of reading everything you can about it and preparing yourself well in advance cannot be emphasized enough.

~ Jenney

ian-mstm

A very important question that no one has yet asked... is your new wife a US citizen?


It is expensive. Filing the initial set of forms is a bit under $1400, and that doesn't take into account the cost for the medical and other incidentals. All in all, it'll cost about $2000.

Ian

Noorah101

His subject line says she is. "Student marrying a US citizen"

Rene

CommonFiasco

Thank you guys for the comments, I knew I could get this much help God bless you all.
Yeah Jenney it's too late now lol We love each other and it just happened lol. About student not paying attention, you're completely right though but not exactly in my case, particularly this one because I have been going through all the information i can get in depth. Thanks once again Jenney.

CommonFiasco

yeah she's a US citizen

Just Jenney

D'OH!

Ian, she got you gooooooood. LOL

~ Jenney

Noorah101

Ian and I have been doing this back and forth for a while now...one of us always needs more coffee! lol

Rene

CommonFiasco

Hi everyone, thanks for the answers. Just one more question as regards the finance/sponsor. Must I have a sponsor and must it be her (my wife) since I'm already in the States? How much do you think will be enough to show she can sponsor me? And what other documents apart from her W2s. In the real sense, I'm the one doing it all. can she use anybody else as a co-sponsor like friends if she didnt make enough?

Noorah101

Yes, you must still have a sponsor, and yes, it must be your USC wife.

Go to www.uscis.gov, Immigration Forms, and take a look at I-864P. Look at the 125% column for a family of her size plus you. That is the amount needed in income. If assets are used, it must be 3x that amount.

Yes, she can use a joint sponsor...anyone age 18 or over, USC or PR, living in the USA can be a sponsor. Does not have to be family or someone living in the household. If the joint sponsor uses assets, they must equal 5x the amount they would have needed in income. The joint sponsor uses the same I-864P guidelines...but for their own family size plus you.

The I-864 states what other documents are needed to support the income level. Basically it's a letter from the employer and pay stubs (if it's a regular job...i.e. not self-employed).

Your wife and the joint sponsor will also need to provide a copy the most current tax return and copy of most recent W-2 statement. Or, alternately, they can order IRS transcripts for free from IRS, and then they won't need to submit the W-2 copy.

Rene

CommonFiasco

Thanks Noorah, I'll be using my cousin as the joint sponsor, hope that helps

Noorah101

As long as your cousin is age 18 or over, is a US Citizen or US Permanent Resident, lives in the USA, and meets the income requirements, that's fine.

Rene